Jump to Navigation
Jump to Content

Fernandez v. California Dep't of Pesticide Regulation

ELR Citation: 38 ELR 20176
Nos. No. A114258, (Cal. App. 1st Dist., 07/15/2008)

A California appellate court affirmed a trial court's writ of mandate directing the state's pesticide agency to work jointly and mutually with the state health department while formulating regulations relating to the safety of persons working with or around methyl bromide. Section 12981 of the California Food and Agriculture Code requires the pesticide agency to collaborate closely with the Office of Environmental Health Hazard Assessment (OEHHA) in determining the health risks from exposure to pesticides. This does not mean OEHHA has regulatory authority, but it does mean OEHHA is responsible for one of the many factors the pesticide agency must consider when it formulates the regulations. In balancing the interests affected by that use, the pesticide agency may not itself determine the health effects of subchronic exposure to methyl bromide, but must collaborate jointly with OEHHA in determining that question. Nor may the pesticide agency ignore OEHHA or its input until after the regulations have been drafted.